个人宣布破产咨询(已经回答）

nzmike

请问大律师，在新西兰个人宣布破产，听说将会影响很多事情，例如申请贷款、申请信用卡、银行开户等，请问还有其他方面吗？还有，破产后多久可应恢复正常状况？听说6－－7年，不知道是否正确。不是本人啊。
多谢了

吃草的狮子

最好想清楚

个人破产的话，信用全无，任何贷款没门，连电话签约都不能，反正就是你能想到跟信用有关的都不能

灰色夜宵

破产的话 法律中三年后discharge

credit file 的影响是7年

具体影响看以下
Your bankruptcy remains on your credit files for seven years, although your discharge will be noted. Many lenders will reject your application for finance. If you want something expensive, you may have to save for it.

This record will limit your options for employment - some money-handling jobs require a clean credit record, for example.

Your name will also appear on the publicly accessible database of the New Zealand Insolvency and Trustee Service for four years after you are discharged.

AMICUS_LAW

灰色夜宵 发表于 2013-9-24 16:44
破产的话 法律中三年后discharge

credit file 的影响是7年

The Official Assignee, part of the New Zealand Insolvency and Trustee Service, acts as trustee, administering the debts you incurred up to your bankruptcy. You get a notice to show creditors that you're bankrupt, so they deal with the assignee rather than you.

Your bankruptcy will be advertised in a local newspaper and the New Zealand Gazette.

You're still responsible for ongoing hire purchase or mortgage payments (provided the assignee doesn't require you to surrender or sell the assets bought by the payments); court fines or court orders for reparation; maintenance and child support payments if you qualify; and debts incurred after the date of your bankruptcy.

Your possessions, including your home, car, expensive appliances, life insurance policies and super schemes, can be sold or cashed in to repay creditors. In reality, many of these assets will have already gone by the time you're bankrupt.

You still run your own bank accounts, although the assignee has the account numbers and can look into them periodically. Any large sums can be taken to pay creditors. Your credit cards will have gone.

If you find a high-earning job, the assignee will work out a budget with you to see how much can go to creditors. If your only income is a benefit, none will go to creditors. Anything your domestic partner earns remains theirs.

Anything valuable you inherit is deemed to come under the control of the assignee from the time of the death. It goes to your creditors after it is received from the estate, even if that's not until after you're discharged.

The only assets you can keep under present law are furniture and personal effects and tools of the trade to a value fixed at the Assignee's discretion. You may also have a vehicle worth up to $5000.

The assignee can investigate your past financial transactions, and can retrieve gifts you made within the previous five years. For example, if you've put repayments to one creditor ahead of the rest, they can even things out. They can take back assets you put into your family trust or transferred to family members, if you were insolvent when you made the transfer. The assignee will prosecute if there are blatant breaches of law, or if it would be in the public interest.

You need the assignee's consent to manage a company or to become a business partner, self-employed or employed by your family members. An ordinary, non-managerial wage or salary position in any limited liability company normally doesn't require consent. You also need consent to be employed by any company, trust, trustee or incorporated society which is managed or controlled by a relative.

You can't go overseas without the assignee's consent, and you must tell them if your name or address changes.

If you apply for more than $100 credit you must disclose that you're an undischarged bankrupt. That effectively kills your chances of borrowing money.

38.1℃

那就专心买乐透吧